GURDEV SINGH Vs. JAGROOP SINGH

JUDGEMENT

(1.) THE defendants-appellants have filed this appeal against the judgment and decree dated 10-1-1979 passed by the District Judge, Faridkot. by which the appeal filed by the plaintiff respondent was allowed, the judgment and decree dated 17-1-1978 passed by the trial court was set aside and the suit for possession, filed by the plaintiff-respondent, was decreed.

(2.) THE plaintiff respondent filed a suit for possession of land measuring 14 Kanals 7 Marias, alleging that he is a Harijan and purchased the suit land on 19-3-1964 at a public auction from the custodian (Evacuee Property) for a sum of Rs. 1400/- that he deposited the said amount in the State Bank of India, Moga, on 24-3-1964; that a sale certificate was issued in his favour; that he was declared and accepted as purchaser/owner of the said property with effect from 6-5 1964; that, in the year 1968, the suit land was wrongly allotted to Jawala Singh, being a displaced person, to which the plaintiff objected; that, considering the objection of the plaintiff, the allotment of the suit land in favour of Jawala Singh was cancelled; that the defendants, during the period of illegal allotment of the suit land to Jawala Singh, had taken illegal possession of the suit land; and that the defendants refused to admit the claim of the plaintiff when they were asked to do so; and that, therefore, a decree for possession of the suit land be passed in favour of the plaintiff and against the defendants.

(3.) DEFENDANTS Nos. 1 and 2, in their written statement, contended that Jawala Singh had died long before the institution of the suit and the suit against them was not maintainable; that the heirs of Jawala Singh and the Union of India are the necessary parties; that, in the year 1964 when the auction is alleged to have been taken place, the suit land was not an evacuee property; that it is wrong and denied that the plaintiff purchased the suit land through auction; that no sale certificate was issued in favour of the plaintiff; that the suit land was rightly allotted to Jawala Singh; that Surjeet Singh, son of Jawala Singh deceased, succeeded the latter; that Surjeet Singh sold the land in dispute, in favour of defendants Nos. 1 and 2 for a sum of Rs. 5500/-, vide sale deed dated 15. 6. 1968; that they are bona fide purchasers for valuable consideration; that they purchased the land after making due enquiries that, in the revenue record, mutation and transfer of the land was duly sanctioned and incorporated; that the mutation of inheritance of Jawala Singh in favour of Surjit Singh was also sanctioned; that the plaintiff never asserted his right over the Land, in dispute, and remained a silent spectator from 1964 to 1975; that the plaintiff never tried to take possession of the land, in dispute and never moved his little finger in assertion of his own rights; that Mahla Singh, Gurnam Singh and Jhanda Singh filed a suit for possession by way of pre-emption regarding the land, in dispute, after the sale in favour of the defendants; that suit was contested and it was dismissed by the Sub Judge, Moga, on 25. 5. 1970; that an appeal against the said judgment was also dismissed on 30. 10. 1971; that the plaintiff was also aware of these proceedings and never asserted his right even then; that the defendants issued a notice under section 8. 0 of the Code of Civil Procedure to the Union of India, challenging the validity of the alleged allotment in favour of the plaintiff; that, in the said notice, the plaintiff was also arrayed as a party; that the plaintiff never raised any objection in reply to the said notice; that the plaintiff is estopped, by his act and conduct, from filing the suit; that the suit land was Banjar in the beginning and was reclaimed by the defendants and they spent a sum of Rs 2000/- for that purpose; and that, therefore, the defendants are entitled to recover the amount on account of improvements on the suit land, besides the sale price.